You'll Never Believe This, but...
My first job in the field of criminal law was with a solo practitioner who liked to break in new staff with a good interviewing experience. My first interview was with a serial rapist who went on in vivid detail as to the incident in question. I think my life changed at that point. Naivete definitely flew out the window, never to return. I can look back on that experience now as one of the milder ones I have had.
Later on in my career I worked at the Dallas County District Clerk's office assigned to a felony court as chief clerk. My view of defendants changed as I came to realize how large the level of crime was in our county and how very often criminals are repeat offenders.
In 1985 I went to work as a legal assistant for a board certified criminal attorney. My employer, who we will call "Attorney" was presenting "Defendant" in a big drug case in a small west Texas county. Early one morning, on the day the case was set for trial, attorney called to say that he was in the hospital. He wanted me to go the court and meet with the Defendant, and get the trial setting passed. This was not an unusual request because the courts frequently set cases quickly so the attorneys will contact their clients. Unlike civil cases that may take forever to get a first setting, criminal cases may have 8-10 settings before ever actually getting to trial.
Normally, I was eager to go to trial to go to court to get trial settings passed, but in this instance I was reluctant because this particular judge had a reputation for being very tough. Attorney ignored my pleas and told me to go to court and make our appearance. Otherwise the Defendant's bond might be forfeited (it was a very large bond). Attorney assured me it would be "no big deal."
Upon arriving at the courthouse, I climbed the old stairs (no elevators in this courthouse) to the second floor courtroom. The judge called the case and asked if the case was ready for trial. I immediately stood and responded "Your Honor, Attorney is in the hospital and cannot be here so we respectfully request a resetting in this case. I am sure my voice was shaky; I know my knees were. The judge said "denied"; find the attorney and we will try this case in one hour.
I attempted to get in touch with Attorney, to no avail. I returned one hour later, with a very nervous Defendant, and once again asked for a reset of the case. The judge had no mercy and stated, "I will reset for one more hour. You will get the attorney here or you will TRY this case. I knew (or at least hoped) that he was bluffing, but, regardless, I was very nervous. I again tried to reach Attorney, but without success.
So, I did the only thing I could think to do. I approached the District Attorney and very innocently asked, "Would you please give me some tips on picking a jury?" The DA looked at me as if I had just dropped from outer space and said, very sternly, "You can't pick a jury, you're not a lawyer." I responded that the judge had said if I couldn't locate Attorney within one hour I would be required to try the case myself so I needed some jury selection tips.
When the judge called the case one hour later, I stood up and announced that I was unable to locate Attorney. Needless to say, the judge, looking very perturbed, said "case reset to..."
Brenda Stockton has worked as a legal assistant since 1978 and has worked in the area of criminal law since that time. She is currently employed by the Dallas firm of Robert Hinton and Associates, working primarily in the areas of medical malpractice and personal injury. She is the advertising coordinator for the LAD's Publications Committee.
TEXAS PARALEGAL JOURNAL
Winter 1996
©1996 Legal Assistants Division, State Bar of Texas